Chimombe, Mpofu trial kicks off this Wednesday

Jailed fraud suspects Mike Chimombe and Moses Mpofu claim their constitutional rights have been violated, adding they will raise the complaint with the court as trial starts this Wednesday.

The business partners are accused of embezzling US$7 million state funds under a botched goats supply tender issued by government.

"Our clients' constitutional rights … have been violated left, right and centre," lawyer Lovemore Madhuku told journalists after court adjournment Tuesday.

Madhuku said under the circumstances, his clients will not be afforded fair trial.

He added, "When rights are given, they ought to be enjoyed."

Madhuku is taking instructions from Ashiel Mugiya who is representing Chimombe.

In court, Madhuku said he needed some time to acquaint himself with the case as he got instructed only recently.

Tapson Dzvetero, representing Mpofu, also said his client will raise complaints over alleged constitutional violations.

He told court that prosecutors have failed to furnish the defence with sufficient particulars they required to prepare for the trial.

"We are not ready to proceed. On September 20, we wrote and asked the state to furnish us with further particulars.

"The state wrote back and furnished us with some of the particulars but not all.

"We have had an engagement with my colleagues and agree that we have to sit down and identify documents they can give us and which ones they cannot. After that, we can commence the trial," he said.

Witness Mabhaudhi, representing the State, consented to trial postponement.

Prosecutors say the fraud charges emanate from tender documents submitted by the two suspects through a company called Blackdeck Private Limited in September 2021 when the Lands and Agriculture ministry invited bids for the supply of 632,001 goats under a scheme worth US$87,757,168 to distribute goats nationally, whose beneficiaries would pass on the animals to the next needy household after kidding.

They say after winning the tender, it was Blackdeck Livestock and Poultry Farming, an unregistered company, which signed documents with the ministry.

Mpofu represented the company and Chimombe acted as a witness.

On further review of Blackdeck Private Limited's documents, it is alleged that the company had no valid tax clearance certificate from the Zimbabwe Revenue Authority for 2021, and that a QR code attached to the National Social Security compliance certificate belonged to a different company called Skywalk Investments.

Both documents were required for one to be eligible to bid for the tender.

Acting on the misrepresentations, prosecutors say the ministry went on to pay 30 percent of the contract in the local currency, an amount of ZWL1.6 billion which was allegedly equivalent to US$7,712,197 in two instalments on April 21, 2022, and June 29, 2022.

Following delays in delivering the goats, the ministry engaged Blackdeck and was informed that the company had mobilised 32,500 goats across the provinces which were ready to be distributed to the beneficiaries.

A verification process by the ministry at various sites, it is alleged, however showed that the company only had 3,713 goats.

"After the ministry of lands realised that they were being deceived by the accused persons, they then cancelled the contract on August 29, 2022," charges the National Prosecuting Authority (NPA).

To date, the prosecution says 4,208 goats worth US$331,445.25 have been delivered and the ministry was prejudiced of US$7,380,751.85.

The two deny the allegations.